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High Court of Himachal Pradesh · body

2025 DAILYLAW 9232 (HP)

UNITED INDIA INSURANCE CO. LTD v. TARA DEVI AND OTHERS

CMP.M/601/2025 · 2025-07-09

Vivek Singh Thakur

body2025

Judgment text

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United India Insurance Company Ltd. vs. Tara Devi and others CMP(M) No.601 of 2025 09.07.2025 Present: Mr.Ishan Sharma, Advocate, for the applicant- appellant. Mr.M.L. Sharma, Advocate, for respondents No.1 to 3. Ms.Seema K. Guleria, Advocate, for respondent No.4. CMP(M) No. 601 of 2025 This application has been filed for condonation of delay of 84 days in filing the appeal. Prayer made in the application has been opposed by learned counsel for the respondents on the ground that day-to-day delay as required to be explained under law, has not been explained. Taking into consideration averments made in the application and submissions made by learned counsel for the parties, delay of 84 days in filing the appeal is condoned. Appeal be registered. Application stands disposed of. FAO No. of 2025 (FAOST/9660/25) Admitted on following substantial question of law:- 1. Whether the Commissioner Employee’s Compensation has committed a mistake of law by arriving at a conclusion that death of victim employee had occurred during course of his employment and also in applying multiplication factor as per Schedule IV of the Employee’s Compensation Act? No post admission notice is required to be issued to the parties, as they are duly represented. Power of Attorney(s) on behalf of respective respondents, if not already filed, be filed within a week. Records be requisitioned. List for hearing in due course. CMP No. of 2025 (CMPST9664/25) Alongwith this application, order of Commissioner Employee’s Compensation dated 10.01.2025 alongwith receipt issued by Naib Nazir to the Civil Judge (Senior Division)-cum- ACJM, Dehra, District Kangra, H.P., indicating that appellant has deposited amount of compensation with the Commissioner Employee’s Compensation. Subject to verification and deposit of balance amount, if any, alongwith up-to-date interest, in the Registry of this Court, on or before 30.08.2025, execution and operation of the impugned order dated 26.09.2024, passed by Commissioner (Exercising Powers under Employee’s Compensation Act) Dehra, District Kangra, H.P., in WCA No.02 of 2017, titled as Tara Devi & others vs. Durga Dass & another, shall remain stayed during pendency of the appeal. Alteration/modification/vacation on motion. Application stands disposed of. (Vivek Singh Thakur) Judge July 9, 2025 (Purohit)